[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Proposed Rules]
[Pages 66008-66011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31851]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 961204340-6340-01; I.D. 110196D]
RIN 0648-AI13


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Catch Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule, request for comments.

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SUMMARY: In accordance with the framework procedure for adjusting 
management measures of the Fishery Management Plan for the Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic 
(FMP), NMFS proposes to reduce the commercial quotas for Atlantic group 
king and Spanish mackerel, revise the trip limits for Atlantic group 
Spanish mackerel, reduce the commercial quota for Gulf group Spanish 
mackerel, revise the commercial trip limits in the eastern zone for 
Gulf group king mackerel, and establish a Gulf group king mackerel bag 
limit of zero for captains and crews of charter vessels and headboats. 
The intended effects of this rule are to protect king and Spanish 
mackerel from overfishing and maintain healthy stocks while still 
allowing catches by important commercial and recreational fisheries.

DATES: Written comments must be received on or before December 31, 
1996.

ADDRESSES: Comments on the proposed rule must be sent to Mark 
Godcharles, Southeast Regional Office, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702.
    Requests for copies of the environmental assessment and regulatory 
impact review supporting aspects of this action relating to Atlantic 
migratory groups of king and Spanish mackerel should be sent to the 
South Atlantic Fishery Management Council,

[[Page 66009]]

Southpark Building, One Southpark Circle, Suite 306, Charleston, SC 
29407-4699, Phone: 803-571-4366, Fax: 803-769-4520. Requests for 
comparable documents relating to Gulf group king and Spanish mackerel 
should be sent to the Gulf of Mexico Fishery Management Council, 3018 
U.S. Highway North, Suite 1000, Tampa, FL, 33619, Phone: 813-228-2815, 
Fax: 813-225-7015.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 813-570-5305.

SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic 
resources are regulated under the FMP. The FMP was prepared jointly by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) and is implemented by regulations at 50 CFR part 622.
    In accordance with the framework procedures of the FMP, the 
Councils made recommendations for the 1996/97 fishing year in separate 
regulatory amendments to the Regional Administrator, Southeast Region, 
NMFS (RA). For Atlantic migratory groups, the recommendations would 
reduce the commercial quotas and recreational allocations for king and 
Spanish mackerel and modify the commercial trip limits for Spanish 
mackerel. For Gulf migratory groups, the recommendations would reduce 
the commercial quota and recreational allocation for Spanish mackerel 
and revise the commercial trip limits and recreational bag limit for 
king mackerel. The Gulf group king mackerel bag limit would be reduced 
from two to zero for the captain and crew aboard charter vessels and 
headboats. The recommended changes are within the scope of the 
management measures that may be adjusted under the framework procedure, 
as specified in 50 CFR 622.48.

Proposed Total Allowable Catches (TACs), Allocations, and Quotas

    The Councils recommended TACs for the fishing year that began April 
1, 1996. The South Atlantic Council recommended a decrease of the 
annual TAC for the Atlantic migratory group of king mackerel from 7.30 
million lb (3.31 million kg) to 6.80 million lb (3.08 million kg), and 
for the Atlantic migratory group of Spanish mackerel from 9.40 million 
lb (4.26 million kg) to 7.00 million lb (3.18 million kg). The Gulf 
Council recommended a decrease of the annual TAC for the Gulf migratory 
group of Spanish mackerel from 8.60 million lb (3.90 million kg) to 
7.00 million lb (3.18 million kg). Consistent with the FMP's framework 
procedure, the recommended TACs are within the range of the acceptable 
biological catch established by the Councils and represent a 
conservative approach supported by their Scientific and Statistical 
Committees and Mackerel Advisory Panels. These TACs are consistent with 
current stock rebuilding programs and with the attainment of optimum 
yield (OY) for each managed mackerel group as provided by the FMP. The 
proposed lower TACs would require reductions in the commercial quotas 
and recreational allocations. However, such reduced quotas and 
allocations would still be higher than recent harvest levels. 
Consequently, no fishery closures or quota/allocation overruns are 
likely.
    Under the provisions of the FMP, the recreational and commercial 
fisheries are allocated a fixed percentage of the TAC. Under the 
established percentages, the proposed revised TACs for the fishing year 
that commenced April 1, 1996, would be allocated as follows:

------------------------------------------------------------------------
             Species/migratory groups                 m. lb      m. kg  
------------------------------------------------------------------------
Atlantic King Mackerel--TAC.......................       6.80       3.08
                                                   ---------------------
    Recreational allocation (62.9%)...............       4.28       1.94
    Commercial quota (37.1%)......................       2.52       1.14
Atlantic Spanish Mackerel--TAC....................       7.00       3.18
                                                   ---------------------
    Recreational allocation (50%).................       3.50       1.59
    Commercial quota (50%)........................       3.50       1.59
Gulf Spanish Mackerel--TAC........................       7.00       3.18
                                                   ---------------------
    Recreational allocation (43%).................       3.01       1.37
    Commercial quota (57%)........................       3.99       1.81
------------------------------------------------------------------------

Atlantic Group Spanish Mackerel: Commercial Vessel Trip Limits

    The commercial sector of the Atlantic group Spanish mackerel 
fishery is managed under trip limits. In the southern zone (i.e., south 
of a line extending directly east from the Georgia/Florida boundary), 
the trip limits vary depending on the percentage of the adjusted quota 
landed. The adjusted quota is the commercial quota reduced by an amount 
calculated to allow continued harvest of Atlantic group Spanish 
mackerel at the rate of 500 lb (227 kg) per vessel per day for the 
remainder of the fishing year after the adjusted quota is reached. 
Along with the decreased commercial quota, the South Atlantic Council 
recommended that the adjusted quota be decreased from 4.45 million lb 
(2.02 million kg) to 3.25 million lb (1.47 million kg).
    For Atlantic group Spanish mackerel, the South Atlantic Council 
proposed modifications to the trip limit regime for commercial vessels 
operating off the Florida east coast as follows: Establish an earlier 
start, November 1 rather than December 1, for the unlimited harvest 
season and increase the daily trip limit for Saturday and Sunday from 
500 to 1,500 lb (227 to 680 kg) during that season; and increase the 
daily trip limit from 1,000 to 1,500 lb (454 to 680 kg) for all days of 
the week during the period that follows the unlimited season and 
continues until the adjusted quota is taken. These changes would 
provide increased opportunity for Florida fishermen to harvest Spanish 
mackerel in the exclusive economic zone (EEZ), make profitable trips, 
and harvest the remaining portion of the commercial quota. Gillnet 
prohibitions implemented for Florida waters on July 1, 1995, severely 
reduced the 1995/96 harvest (1.82 million lb; 0.83 million kg) to one 
of the three lowest levels recorded since 1900. Prior to 1987 when the 
fishery was largely unregulated, annual commercial landings mostly 
ranged between 2.00-6.00 million lb (0.91-2.72 million kg), with the 
greatest landings (9.5-11.0 million pounds; 4.31-4.99 million kg) 
occurring between 1976 and 1980. Under quota management, landings have 
increased from the 1986/87 low of 2.57 million pounds (1.17 million kg) 
to the 1994/95 high of 5.23 million pounds (2.37 million kg). With the 
main body of fish overwintering in Florida's southeast waters last 
year, the

[[Page 66010]]

principal resource harvesters, Florida gillnet fishermen, were unable 
to take the major and remaining portion of the 1995/96 commercial quota 
(4.70 million lb, 2.13 million kg), leaving about 2.88 million pounds 
unharvested. Invariably, the Florida winter fishery (December through 
March period) has harvested the quota balance remaining after 
completion of the northern fishery, which occurs during the first half 
of the fishing year (April through October) mainly off North Carolina 
and Virginia. The Council believes that an earlier start of the 
unlimited season (November 1 rather than December 1) would afford 
increased opportunity for Florida gillnetters to intercept migrating 
schools of Spanish mackerel in the EEZ before they establish their 
usual winter residence again in State waters off southeast Florida. For 
the Florida east coast fishery, the Council also proposed increased 
trip limits. The greater daily harvest is expected to help offset 
increased operational expenses resulting from fishing on more distant 
EEZ fishing grounds.

Gulf Group King Mackerel: Commercial Vessel Trip Limits

    For the commercial sector of the Gulf group king mackerel fishery 
in the eastern zone of the Gulf of Mexico (off Florida), the Gulf 
Council proposed revising the vessel trip limits. The Council proposed 
converting the units of the trip limits from numbers of fish to pounds 
of fish based on an estimated average fish weight of 10.0 lb (4.5 kg). 
The conversion would reduce waste from high-grading (i.e., discarding 
smaller fish and replacing them with larger ones to maximize aggregate 
poundage landed while complying with the trip limit on the number of 
fish landed).
    In addition, the Gulf Council proposed that the Florida east coast 
subzone trip limit of 50 king mackerel per day be increased to 75 fish 
per day as a means of better ensuring harvest of the full commercial 
quota. The Council later changed the proposal to a poundage equivalent 
of 750 lb (340 kg) per day) based on the estimated average fish weight 
of 10.0 lb (4.5 kg). Further, the trip limit would be decreased to 500 
lb (227 kg) per day if 75 percent of the subzone's fishing year quota 
is harvested before February 15. If 75 percent of the quota is not 
taken before February 15, the trip limit would remain at 750 lb (340 
kg) of king mackerel per day until the entire quota has been harvested 
or until March 31, whichever occurs first. Currently, the trip limit is 
reduced from 50 to 25 king mackerel per day if 75 percent of the quota 
is taken before March 1; if not taken by March 1, the trip limit 
remains at 50 king mackerel until the entire quota has been harvested 
or until March 31, whichever occurs first. Last season, projected 
harvest for the Florida east coast subzone reached 75 percent of the 
quota before March 1, 1996, and, thus, the trip limit was reduced to 25 
king mackerel per day. Total harvest, however, only reached about 83 
percent of the quota.
    For the Florida west coast subzone, the Gulf Council's recommended 
trip limit conversion from numbers to pounds of fish would apply to the 
daily trip limits for vessels harvesting Gulf group king mackerel under 
the hook-and-line quota. For a vessel using hook-and-line gear in the 
Florida west coast subzone, the trip limit would be converted from 125 
king mackerel to 1,250 lb (567 kg) of king mackerel. After 75 percent 
of the hook-and-line quota is harvested, and continuing until the 
entire quota has been harvested, the trip limit would be reduced to 500 
lb (227 kg) of king mackerel rather than 50 king mackerel.

Gulf Group King Mackerel: Recreational Bag Limits

    For Gulf group king mackerel, the Gulf Council also proposed a 
recreational bag limit of zero for the captain and crew on for-hire 
vessels (i.e., charter vessels and headboats). The proposal was 
determined to be the least burdensome option for the recreational 
sector as a whole for restraining the recreational harvest to its 
allocation. Recent recreational catch estimates indicate that the 
allocation has been exceeded in recent years and a substantial portion 
of the overrun was attributable to increased landings by charter 
vessels.
    The RA initially concurs that the Councils' recommendations are 
necessary to protect the king and Spanish mackerel stocks and prevent 
overfishing and that they are consistent with the FMP, the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable 
law. Accordingly, the Councils' recommended changes are published for 
comment.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    Both the South Atlantic and Gulf Councils concluded that a 
substantial number of small entities (greater than 20 percent) 
operating in commercial and for-hire recreational fisheries for 
Atlantic and Gulf groups of king and Spanish mackerel would be 
affected by the proposed changes in mackerel management measures if 
they are approved and implemented (i.e., by the proposed reductions 
in commercial quotas and recreational allocations, and by the 
proposed changes to the current commercial trip limits). Although 
the exact numbers of small businesses operating in these fisheries 
is unknown, as of October 18, 1996, Federal permits allow a total of 
3,819 vessels from Atlantic (1,722 vessels) and Gulf states (2,097 
vessels) to operate in mackerel fisheries in the EEZ. For Atlantic 
states, 1,093 vessels possess commercial permits, 393 possess 
charter/headboat permits, and 236 vessels possess both permits. For 
Gulf states, 1,266 vessels possess commercial permits, 613 possess 
charter/headboat permits, and 218 vessels possess both permits. All 
commercial fishing and charter/headboat businesses are considered 
small entities and will be affected by the proposed management 
measures. Therefore, a substantial number of such entities are 
expected to be affected for purposes of the Regulatory Flexibility 
Act (RFA).
    The South Atlantic Council concluded, based upon a regulatory 
impact review (RIR), that the proposed revisions would not have a 
significant economic impact on a substantial number of small 
entities participating in the affected fisheries for the Atlantic 
groups of king and Spanish mackerel. The RIR analysis included 
examination of the proposals to: (1) Reduce TAC for Atlantic group 
king mackerel, (2) reduce TAC for Atlantic group Spanish mackerel, 
and (3) revise the Atlantic group Spanish mackerel trip limits for 
commercial vessels operating off the Florida east coast. Reductions 
in the commercial quotas and recreational allocations are not 
expected to negatively impact harvesters because recent landings 
indicate that the proposed quotas/allocations would not be reached 
and fisheries would not be closed. The increased catches resulting 
from the proposed trip limits for Atlantic group Spanish mackerel 
are expected to increase revenues, but by less than 5 percent. 
Therefore, the South Atlantic Council determined that (1) any 
impacted businesses would be small entities, (2) any reduction in 
annual gross revenues likely would be much less than 5 percent, (3) 
any increase in compliance costs would be much less than a 5 percent 
increase in total costs of production, (4) capital costs of 
compliance would represent a very small portion of capital, and (5) 
no entity would be expected to cease business operations. For these 
reasons, the South Atlantic Council's RIR analysis concluded that 
these proposed measures were not significant under the RFA. 
Therefore, an initial regulatory flexibility analysis (IRFA) was not 
prepared for the Atlantic group mackerel proposals.
    The Gulf Council examined the potential impacts of the proposals 
for Gulf group king

[[Page 66011]]

and Spanish mackerel and found that: (1) The proposed revisions to 
the trip limit for Gulf group king mackerel in the Florida east and 
west coast subzones would be expected to increase benefits to the 
industry or some segments of the fishery, but by less than 5 
percent; (2) the proposed trip limits would not be expected to 
result in major increases in compliance costs to the entire 
industry, or force any business to cease operation; (3) the reduced 
TAC proposed for Gulf group Spanish mackerel would not be expected 
to result in fishery closures, and, therefore, would not have any 
effect on gross revenue, costs of compliance to either commercial or 
recreational fishing businesses, or cause any business closures; and 
(4) the proposed zero bag limit for charter/headboat captains and 
crews for Gulf group king mackerel would be expected to have a 
minimal effect on production and compliance cost, and would not 
force any charter/headboat business to cease operation. However, the 
zero bag limit may reduce charter/headboat business revenues in the 
Gulf between 3 and 6 percent. For this reason, the Gulf Council 
concluded that the zero bag limit was significant under the RFA. The 
Gulf Council prepared an IRFA describing the small businesses that 
would be affected and the potential impacts on them.
    Notwithstanding the above conclusions of the South Atlantic and 
Gulf Councils regarding the impacts of the proposed zero bag limit 
for Gulf group king mackerel for captain and crew for their 
respective areas, when the potential impacts of this measure are 
assessed for all charter/headboat businesses harvesting Gulf group 
king mackerel in both Gulf and Atlantic mackerel fisheries together, 
there should not be a significant economic impact on a substantial 
number of small entities. Specifically, no more than 20 percent of 
the estimated 1,031 charter/headboat businesses affected will 
experience a reduction in gross revenues by more than 5 percent.
    Considering all the management measures proposed by both 
Councils in aggregate, it is anticipated that these measures will 
not result in a significant economic impact on a substantial number 
of small entities participating in the commercial and for-hire 
recreational fisheries for Atlantic and Gulf groups of king and 
Spanish mackerel. Specifically, no more than 20 percent of the 3,819 
permitted small entities affected will experience a reduction in 
gross revenues by more than 5 percent.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: December 10, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 622.39, paragraph (c)(1)(ii) is revised to read as 
follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Gulf migratory group king mackerel--2, except that for an 
operator or member of the crew of a charter vessel or headboat, the bag 
limit is 0.
* * * * *
    3. In Sec. 622.42, paragraphs (c)(1)(ii) and (c)(2) are revised to 
read as follows:


Sec. 622.42  Quotas.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 2.52 million lb (1.14 million kg). No more 
than 0.4 million lb (0.18 million kg) may be harvested by purse seines.
    (2) Migratory groups of Spanish mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of Spanish mackerel is 3.99 
million lb (1.81 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 3.50 million lb (1.59 million kg).
* * * * *
    4. In Sec. 622.44, paragraphs (a)(2)(i) (A) and (B); (a)(2)(ii)(B) 
(1) and (2); (b)(1)(ii) (A), (B) and (C); and (b)(2) are revised to 
read as follows:


Sec. 622.44  Commercial trip limits.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (A) From November 1 each fishing year, until 75 percent of the 
subzone's fishing year quota of king mackerel has been harvested--in 
amounts not exceeding 750 lb (340 kg) per day.
    (B) From the date that 75 percent of the subzone's fishing year 
quota of king mackerel has been harvested until a closure of the 
Florida east coast subzone has been effected under Sec. 622.43(a)--in 
amounts not exceeding 500 lb (227 kg) per day. However, if 75 percent 
of the subzone's quota has not been harvested by February 15, the 
vessel limit remains at 750 lb (340 kg) per day until the subzone's 
quota is filled or until March 31, whichever occurs first.
    (ii) * * *
    (B) * * *
    (1) From July 1 each fishing year, until 75 percent of the 
subzone's hook-and-line gear quota has been harvested--in amounts not 
exceeding 1250 lb (567 kg) per day.
    (2) From the date that 75 percent of the subzone's hook-and-line 
gear quota has been harvested, until a closure of the west coast 
subzone's hook-and-line fishery has been effected under 
Sec. 622.43(a)--in amounts not exceeding 500 lb (227 kg) per day.
* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) From April 1 through October 31, in amounts exceeding 1,500 lb 
(680 kg).
    (B) From November 1 until 75 percent of the adjusted quota is 
taken, in amounts as follows:
    (1) Mondays, Wednesdays, and Fridays--unlimited.
    (2) Tuesdays, Thursdays, Saturdays, and Sundays--not exceeding 
1,500 lb (680 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,500 
lb (680 kg).
* * * * *
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.25 million lb (1.47 million kg). The adjusted quota 
is the quota for Atlantic migratory group Spanish mackerel reduced by 
an amount calculated to allow continued harvests of Atlantic migratory 
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per 
day for the remainder of the fishing year after the adjusted quota is 
reached. By filing a notification with the Office of the Federal 
Register, the Assistant Administrator will announce when 75 percent and 
100 percent of the adjusted quota is reached or is projected to be 
reached.
* * * * *
[FR Doc. 96-31851 Filed 12-13-96; 8:45 am]
BILLING CODE 3510-22-P